‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎97r] (193/394)

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between persons subject to this Oi’der and
persons who are not subject to this Order,
within the limits of this Order.
Part IT.— Application op Law of British
India and of the United Kingdom.
11. — ( 1 ) Subject to the other provisions of
this Order, and to any Treaties for the time
being in force relating to Kuwait,.His Majesty’s
criminal and civil jurisdiction in Kuwait shall,
so far as circumstances admit,, be exercised on
the principles of, and in conformity with, the
enactments for the time being applicable as
hereinafter mentioned of the Governor-General
of India in Council, and of the Governor of
Bombay in Council, and in accordance with
the powers vested in, and the course of pro
cedure and practice observed by and before
the Courts in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay beyond
the Rmits of the ordinary original, jurisdiction
of the High Court of Judicature at Bombay,
according to their respective jurisdiction and
authority, and so far as such enactments,
powefs, procedure and practice are inapplicable
shall be exercised in accordance with justice,
equity, and good conscience.
(2) The enactments mentioned in. the
Schedule to this Order shall as from the com
mencement of this Order apply to all persons
subject to this Order.
(3) Any other existing or future enact
ments of the Governor-General of India in
Council, or of the Governor of Bombay in
Council, may be applied to Kuwait by King’s
Regulations under Article 78 of this Order.
('4) Any Act of the Governor-General, of India,
in council, or of the Governor of Bombay in
Council, whether passed before or after the
commencement of this Order, amending or
substituted for any Act of either of those
Legislatures which applies or may be applied:
to Kuwait, shall, subject to the provisions of
this Article, also apply to Kuwait.
(5) The Court may construe any enactments
in force in Kuwait, under the provisions of
this Article, with such alterations not affect
ing the substance, as may be necessary or-
proper to adapt the same to the matter before
the Court.
12. The enactments described in the First
Schedule to the Foreign Jurisdiction Act,
1890, shall apply to Kuwait, as if it were a
British Colony'or Possession, but subject to
the provisions of this Order, and to the excep
tions, adaptations, and modifications following,
that is to say :*—
(0 The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian
Gulf is hereby substituted for the
■ ■ Governor of a Colony or British.
Possession, and the Chief Court
is hereby substituted for a
Superior Court or Supreme Court,.
^ and the District Court for a Magis
trate or Justice of the Peace of a
Colony or British Possession.
(in) For the portions of the Merchant Ship
ping Acts, 1854 and 1867, referred
to in the said Schedule, shall be
substituted Part XIII of the Mer
chant Shipping Act, 1894.
(in) In section 51 of the Conveyancing'
(Scotland) Act, 1874, the Court of
the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. is substituted
for a Court of Probate-in a Colony.
(ut>) With respect tu the Fugitive Offenders-
Act, 188-1 r
(‘a) So much of the- 4th and 5th sections
of the said Act as relates to send
ing a report of the issue of a
warrant together with the in
formation or a copy thereofi or
to the sending of a certificate of
committal and report of a case,,
or to the information to be given
by a Magistrate to a fugitive
shall be excepted, and in lieu of
such information the person act--
ing as the Magistrate shall inform
the fugitive that in the British
Possession or Protectorate to
which he may be conveyed he has
the right to apply for a writ of
habeas corpus or other like pro
cess.
(tfr) So much of the 6 th section of the
said Act as requires the expira
tion of fifteen days before issue
of warrant shall be- excepted.
(c) The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. shall not be
bound to return a fugitive offender
to a Britsh Possession unless satis
fied that the proceedings to obtain
his return, are taken with the
consent of the Governor of that
Possession:
((d) For the purposes of Part II of the
said Act, Mascat, Bahrein, Kuwait,
the Persian Coast and Islands,
and all other places on the shores
of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. or the Gulf
of Oman, Aden and British India,
shall be deemed to be one group
of British Possessions.
13. Wnere, by virtue of any Imperial Act, or
of this Order, or otherwise, any provisions of
any Imperial Acts, or of any Law in force in
India, or of any Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. other than
this Order, are applicable within the limits of
this Order, or any forms, regulations, or pro*
cedure prescribed or established by or under
such Act, Law, or Order, are made applicable
for any purpose of this Order, or any other*
Order relating to Kuwait, such Acts, Laws,
Orders, forms, regulations, or procedure may
be construed or used with such alterations and
adaptations not affecting the substance as may
be necessary having regard to local circum
stances, and anything required to be done by,
to, or before any Court, Judge, Officer, or
Authority may be done by, to, or before a
Court, Judge, Officer, or Authority hav
ing the like or analogous functions, or
by, to, or before any Officer designated
by the Secretary of State or by the Court (as
the case may require) for that purpose ; and
in ease any difficulty occurs in the application
the Secretary of State, or with his previous or
subsequent assent the Governor-General of India
in Council, may direct by, to, or before whom
and in what manner anything is to be done,.
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